Judge dismisses Sullivan appeal

May 23, 2014

Cape Coral Mayor Marni Sawicki gained another victory this week in the wake of a lawsuit contesting the results of last year's mayoral election.

Former Mayor John Sullivan's appeal to have the Nov. 5, 2013 election thrown out was dismissed Wednesday.

Sawicki, who could not be reached for comment Friday, told Facebook followers that with the victory seemingly official, she expects to recoup the fees and other costs from fighting the case, something the original judge ordered.

After one post asked the status of court costs and legal fees, Sawicki wrote, "Yes. The fees stand. Now it's just a matter of how much."

Sullivan, meanwhile, is not as certain the battle is over.

Sullivan said late Friday he is disappointed in the decision and is waiting to see what other avenues he can take.

"There isn't much I can say about it. The decision was made and we'll see what happens. That's a question for the attorneys," Sullivan said. "It is what it is and we'll continue on from here, that's all."

After Sullivan lost to Sawicki by 121 votes, he and a handful of supporters sued, alleging, among other things, that the city's canvassing board was illegally constructed, that a precinct had closed before the 7 p.m. scheduled closing time, that some voted illegally, and that early voting results were too heavily in Sawicki's favor.

Judge Alane Laboda heard the case in February and called the lawsuit "meritless." She ordered the plaintiffs to pay court costs and legal fees.

Sullivan then asked for reconsideration of the ruling in favor of the defendants, which was denied.